Human Rights Review最新文献

After the failed coup attempt on July 15, 2016, Turkey rapidly adjusted its national security strategies to align with the principles of a security state, resulting in a notable increase in human rights violations during the declared State of Emergency. Enforced disappearances, previously used by the State against Kurdish dissidents in the 1990s, resurfaced as a brutal method in the name of “State survival” following the failed coup attempt. This research examined the systematic and organized nature of these enforced disappearances, their prevalence, specific targets, and the human rights abuses resulting from this practice. Twenty cases of enforced disappearances that occurred after July 15, 2016, were analyzed to achieve this. Three main themes emerged from the analysis: (1) enforced disappearance methods, (2) ineffective investigation, (3) torture. The examination revealed that enforced disappearances followed a systematic and widespread pattern. The narratives highlighted commonalities in the methods of disappearances, a preference for individuals affiliated with the Gülen Movement, and the subjecting of victims to severe violations, including torture. Fundamental human rights should have remained non-derogable even during the State of Emergency, as international human rights treaties to which the Turkish State is a signatory protect them.

International criminal law (ICL) has traditionally overlooked sexual and gender-based violence (SGBV) and struggles to understand it. Prosecutions have been largely inefficient and not reflective of gender harms. The Rome Statute requires interpreting SGBV as a social construction (article 7(3)), in consistency with international human rights law (IHRL) and without discrimination (article 21(3)). There is, however, little guidance to implement these approaches. This article argues that intersectionality, an IHRL-based approach that reveals compounded discrimination, is an efficient tool to interpret SGBV and, therefore, should be integrated in ICL. The article traces the origins of intersectionality in feminism and its recognition by IHRL dealing with violence against women. It establishes the applicability of intersectionality in ICL that it demonstrates with a comparative analysis of the Lubanga and Ntaganda cases. The findings show that intersectionality suits ICL’s specific needs which allows labelling and explaining some of those contributions throughout the judicial process.

Competing arguments surrounding the relationships between inequalities and labor rights have persisted over time. This paper explores whether labor rights increase or decrease two types of wage inequalities: vertical inequality and horizontal inequality. Vertical inequalities reflect inequalities in wealth or income between individuals, while horizontal inequalities reflect inequalities between social, ethnic, economic, and political groups which are usually culturally defined or socially constructed. By broadening the scope beyond traditional indicators of inequality (i.e., vertical inequality) to include horizontal inequality, we test whether government respect for labor rights can help reduce inequality. We find that as labor rights and practices improve, countries see a decrease in horizontal inequality. Furthermore, as stronger protections for labor rights improve within countries, this also serves to reduce individual levels of inequality (i.e., vertical inequality).

The elimination of child marriage is a goal that ranks high on the agendas of civil society organizations, national governments, and multilateral institutions. To date, however, there has been very little scholarship on the historical debates over the definition of child marriage. This article examines the history of age-restricted marriage as it was debated during the development of human rights instruments in the post-World War II era. Using archives of the United Nations and affiliated organizations, we detail how and why efforts to establish a universal minimum age for marriage were repeatedly unsuccessful. We illustrate how the current, commonly used definition of child marriage—as marriage before the age of 18—has never been agreed upon in a legally binding international convention but was seemingly established through a discursive innovation that borrowed principles from the 1989 Convention on the Rights of the Child.

Human trafficking is a grave concern that we often choose to overlook. In India, this problem has escalated in recent years, with Assam being labelled the trafficking hub of the country in 2015. Despite a brief dip, the situation in the state has not improved significantly, and the statistics are a testimony to the failure of the government's initiatives. Human trafficking is not just about abduction or false promises; it reflects poverty, inadequate border security, unemployment, and underdevelopment, factors that make individuals vulnerable to exploitation. Eradicating this menace requires addressing the root causes and uplifting people from all backgrounds. The survival instinct of humans fuels this despicable trade, and only a comprehensive approach can bring about a significant decline in such activities.

The right to religious liberty as for instance set out in the European Convention of Human Rights protects acts of religious observance. Such protection can clash with other considerations, including laws aimed at protecting other state interests. Religious freedom therefore requires an account of when the right should lead to exemptions from other laws and when the right can legitimately be limited. Alan Patten has proposed a Fair Opportunity view of the normative logic of religious liberty. But Patten’s view faces several problems. The normative work in his view is mainly done by added accounts of reasonable claims and of justifiability. So, the Fair Opportunity view in itself does not provide a normative criterion. Defenses of the Fair Opportunity view must therefore turn on the theoretical preferability of its structural features. But the Fair Opportunity view has the wrong form to capture the right to freedom of religion. The form of the right to freedom of religion is due to how its point is to address how states limit the liberty of citizens. Given a practice dependent approach, which assigns importance to the point and purpose of the right to freedom of religion, Patten’s theory is thus problematic.